Saperstein v. Commercial Travelers Mutual Accident Ass'n

Staley, Jr., J.

(dissenting). The policy of insurance issued by defendant contained the following clause: ‘ ‘ The Association at its own expense shall have the right and opportunity to examine the person of the member when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.”

On March 3, 1968 the insured was involved in a one-car accident and died. In the Acting Coroner’s report and again in the police accident report, the cause of death was stated to be a broken neck. The insured was buried…